5
Second wave of privacy activity n Modern laptop or desktop -- everyone can have a mainframe n Rise of the Internet n Transfers are free, instant, and global n How do we respond to more databases and more transfers?

13
Nationwide trap and trace – Old days, serve order on ATT and it was effective nationwide – Today, e-mail may travel through a half-dozen providers, have needed that many court orders – New law -- one order effective nationwide – Query -- order from a judge in Idaho, served late at night, how do you challenge that?

14
Roving taps – Old days, order for each phone – What if suspect buys a dozen disposable cell phones? – But, how far can the order rove? Anyone in the public library? – Problem -- less of a suppression remedy for email and web use

15
Updating scope of data n Previously, pen/trap orders (to/from information) authorized to get telephone numbers n New law, any dialing, routing, addressing, or signaling information n Amendment -- not including content, but that was left undefined n Legally allows urls? Technically, can content be excluded?

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Computer trespasser exception n Previous law: – ISP can monitor its own system – ISP can give evidence of yesterdays attack – ISP cannot invite law enforcement in to catch the burglars n Problem for: – DOD, other agencies, and many hack attacks – Small system owners who need help

17
Computer trespasser exception n Law enforcement can surf behind if: – Targets person who accesses a computer without authorization – System owner consents – Lawful investigation – Law enforcement reasonably believes that the information will be relevant – Interception does not acquire communications other than those transmitted to or from the trespasser

18
Computer trespasser n Issues of concern: – Never a hearing in Congress on it – No time limit – No reporting requirement – FBI can ask the ISP to invite it in, and then camp at ISP permanently – Limited suppression remedy if go outside permitted scope

19
Law Enforcement vs. Foreign Intelligence n From the 1970s -- separate law enforcement (domestic, rule of law) from foreign intelligence (foreign, laws of war) n Lawyers in DOJ policed transfers, pretty strict n FBI official this fall: all the walls are down now

20
Supporting this change n Terrorism is both domestic and foreign – World Trade Center shows a risk from keeping investigatory databases separate – As a legislator, would you want to insist on the separation and risk another catastrophe? n The Internet – E-mail and other communications are routinely across borders – Intelligence gathering should be shared

21
All the walls are down now n To law enforcement, get information from secret FISA wiretaps: – Rule was if purpose was foreign intelligence – Rule now if a significant purpose n To foreign intelligence, secret grand jury testimony can now go to CIA, etc., with no re-use limits in the law

22
Concerns with FBI/CIA changes n History from 1960s and 1970s of abuses n Risks insertion of foreign intelligence in domestic political groups n Already new proposals to have FBI surveil domestic groups n Possibility of large increase in secret wiretaps n Possibility of prosecutors using broad grand jury powers for non-criminal matters

24
Greater Focus on Security n Less tolerance for hackers and other unauthorized use n Cyber-security and the need to protect critical infrastructures such as payments system, electricity grid, & telephone system n Greater tolerance for surveillance, which many people believe is justified by greater risks

26
Security and Privacy n Good data handling practices become more important -- good security protects information against unauthorized use n Audit trails, accounting become more obviously desirable n Part of system upgrade for security will be system upgrade for other requirements, such as privacy (medical privacy)

27
Our Homework n USA Patriot has 4 year sunset on many of the surveillance provisions n An invitation to get engaged, to study the pros and cons of the new provisions n Hearings are needed on computer trespasser, foreign/domestic, etc. n What can be the new forms of accountability? How stop potential abuses?

28
In Conclusion n USA Patriot Act is a work in progress n Imagine an architecture that meets legitimate security needs and also respects privacy n Better data handling often results in both n But need accountability to ensure that the new powers are used wisely n Lets get to work on that.

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